Article 2 of the Saudi Eminent Domain Implementing Regulations

This article sets a precondition on the project-owning authority before it starts any procedure for taking private property.

The condition: To confirm that there are no government lands or properties that meet the project's need at the site where it is planned to be established.

Timing of the condition: Before starting the eminent domain procedures, not after.

The practical meaning is that eminent domain is not the authority's first option: if there is government land or property at the planned site that meets the project's need, the article requires checking this before resorting to the property of individuals or private establishments. The condition relates to "the site planned for the project", so what counts is the presence of government property at that site that meets the need.

The article does not describe the method of checking, the body to be consulted, or the consequence of failing to comply with this condition. It is complemented by Article 3 of the Regulations, which sets the cases of eminent domain, including setting up government agencies' projects where there are no approved sites that meet their need.

Anyone who believes his property was taken despite a suitable government alternative can consult a lawyer specializing in administrative or real estate matters.